A will is an important document that outlines how you want to distribute property upon your death. For most people, the will is the foundation of their estate plan. According to the American Bar Association, the laws of distribution and descent determine who...
Wills
When should you update your estate plan?
Having an estate plan in California is great, but neglecting to update it throughout your life can have detrimental consequences. Because elements of your plan address the use and fate of your assets, periodically verifying the function of your plan can guarantee the...
Should you DIY your will? Top concerns of choosing to do so
These days, thanks to the availability of information on an expansive number of topics, do-it-yourself providers have emerged in a number of fields, including estate planning. While the purported low cost and ease with which you can acquire estate planning documents...
What are the pros and cons of DIY wills?
Most Americans are aware that they need to have an estate plan, but current statistics suggest that only one in four Americans actually have either a will or an advance directive of any sort. Many people are turning to DIY will options available either online or...
Should you have a living will?
When working on estate planning, there are many things to consider. Most people focus on asset protection and distribution, but it is also important to think about what happens if someone is unable to make medical and healthcare decisions. A living will is a legal...
Determining no-contest clause enforceability
You are no doubt honored to have any interest in the estate of a family member or friend in San Jose. At the same time, however, you may feel troubled by the terms stipulating what that interest actually is. Many in this same position have come to see us here...
Modifying and invalidating a will
While studies have shown that less than half of American adults (in general) do not have a will, that does not mean that statistic holds true across all demographics. Indeed, older Americans seem to be more apt to take the advice of estate planning experts to heart....
Is a nuncupative will legal?
Nuncupative wills are those that are spoken orally to another party. This typically occurs when a person is on their death bed and must provide instructions for the transfer of personal property to beneficiaries. In many cases, oral wills are not legally...
Defining the parent-child relationship
The inheritance rights of one's natural heirs through California's intestate succession guidelines have been detailed on this blog in the past. A decedent's children are entitled to a portion of their intestate estate if the children survive them. That is, of course,...
Making changes to your will after a divorce
We recently wrote about some of the ways in which closing or launching a business can affect one's estate plan, but there are many other reasons why it may be necessary to go over your estate plan. For example, if you are in the middle of a divorce or you recently...